What is the purpose of citing written claim scope statements in patent files?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The primary purpose of citing written claim scope statements in patent files is to maintain consistency in the patent owner’s positions regarding claim scope across different proceedings. As stated in MPEP 2202:
“The basic purpose for citing written claim scope statements is to ensure that the patent owner takes consistent positions regarding the scope of the claims of a particular patent in the courts and before the Office.“
This practice helps prevent patent owners from taking contradictory positions on claim scope in different forums, promoting fairness and consistency in patent enforcement and examination.